During these unprecedented times, Clark, Perdue, & List Co, LPA is here to fully support your needs in a timely and safe manner. COVID-19 should not affect your ability to investigate a personal injury case. We currently remain open and are still accepting new cases. With your safety top of mind, we are scheduling all meetings via telephone or video conference at this time.

Challenging Eminent Domain Appropriation in Court

When a petition for eminent domain appropriation is filed with the court and served upon the property owner, the property owner may file an Answer denying the necessity of the appropriation and/or denying that the appropriation is for a public use. This puts the proceeding on a fast track. A hearing will be set within 15 days from the filing of the Answer. Absent an irrebuttable presumption of necessity, the judge (no jury) will determine the necessity and whether the appropriation is for a public use. If the judge finds in favor of the appropriating authority, a trial will be set at a later time to determine just compensation for taking the property.

If the judge decides the matter in favor of the property owner as to the necessity for the appropriation or whether the appropriation is for a public use, then the judge shall award the property owner reasonable attorney’s fees, expenses and costs.

Clark, Perdue & List

If you have received notice that your property is subject to an eminent domain proceeding and want to make sure that you are being treated fairly, contact our Ohio eminent domain attorneys for a free consultation.

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